Modifies provisions relating to firearms

SECOND REGULAR SESSION
HOUSE BILL NO. 3286
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE FUCHS.
6933H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 455.050, 455.523, 565.076, 565.227, and 571.070, RSMo, and to enact in
lieu thereof six new sections relating to firearms, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 455.050, 455.523, 565.076, 565.227, and 571.070, RSMo, are
2 repealed and six new sections enacted in lieu thereof, to be known as sections 455.050,
3 455.096, 455.523, 565.076, 565.227, and 571.070, to read as follows:
455.050. 1. Any full or ex parte order of protection granted pursuant to sections
2 455.010 to 455.085 shall be to protect the petitioner from domestic violence, stalking, or
3 sexual assault and may include such terms as the court reasonably deems necessary to ensure
4 the petitioner's safety , including but not limited to:
5 (1) T emporarily enjoining the respondent from committing or threatening to commit
6 domestic violence, molesting, stalking, sexual assault, or disturbing the peace of the
7 petitioner , including violence against a pet;
8 (2) T emporarily enjoining the respondent from entering the premises of the dwelling
9 unit of the petitioner when the dwelling unit is:
10 (a) Jointly owned, leased or rented or jointly occupied by both parties; or
11 (b) Owned, leased, rented or occupied by petitioner individually; or
12 (c) Jointly owned, leased, rented or occupied by petitioner and a person other than
13 respondent; provided, however , no spouse shall be denied relief pursuant to this section by
14 reason of the absence of a property interest in the dwelling unit; or
15 (d) Jointly occupied by the petitioner and a person other than respondent; provided
16 that the respondent has no property interest in the dwelling unit; or
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 (3) T emporarily enjoining the respondent from communicating with the petitioner in
18 any manner or through any medium.
19 2. Mutual orders of protection are prohibited unless both parties have properly filed
20 written petitions and proper service has been made in accordance with sections 455.010 to
21 455.085.
22 3. When the court has, after a hearing for any full order of protection, issued an order
23 of protection, it may , in addition:
24 (1) A ward custody of any minor child born to or adopted by the parties when the court
25 has jurisdiction over such child and no prior order regarding custody is pending or has been
26 made, and the best interests of the child require such order be issued;
27 (2) Establish a visitation schedule that is in the best interests of the child;
28 (3) A ward child support in accordance with supreme court rule 88.01 and chapter
29 452;
30 (4) A ward maintenance to petitioner when petitioner and respondent are lawfully
31 married in accordance with chapter 452;
32 (5) Order respondent to make or to continue to make rent or mortgage payments on a
33 residence occupied by the petitioner if the respondent is found to have a duty to support the
34 petitioner or other dependent household members;
35 (6) Order the respondent to pay the petitioner's rent at a residence other than the one
36 previously shared by the parties if the respondent is found to have a duty to support the
37 petitioner and the petitioner requests alternative housing;
38 (7) Order that the petitioner be given temporary possession of specified personal
39 property , such as automobiles, checkbooks, keys, and other personal ef fects;
40 (8) Prohibit the respondent from transferring, encumbering, or otherwise disposing of
41 specified property mutually owned or leased by the parties;
42 (9) Order the respondent to participate in a court-approved counseling program
43 designed to help batterers stop violent behavior or to participate in a substance abuse
44 treatment program;
45 (10) Order the respondent to pay a reasonable fee for housing and other services that
46 have been provided or that are being provided to the petitioner by a shelter for victims of
47 domestic violence;
48 (1 1) Order the respondent to pay court costs;
49 (12) Order the respondent to pay the cost of medical treatment and services that have
50 been provided or that are being provided to the petitioner as a result of injuries sustained to
51 the petitioner by an act of domestic violence committed by the respondent;
52 (13) A ward possession and care of any pet, along with any moneys necessary to cover
53 medical costs that may have resulted from abuse of the pet.
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54 4. If, after a hearing for any full order of pr otection, the court issues an order of
55 pr otection, the court shall also:
56 (1) Pr ohibit the res pondent fro m knowingly possessing or pur chasing any
57 fir earm while the order is in effect;
58 (2) Inform the res pondent of such pro hibition in writing and, if the res pondent is
59 pr esent, orally; and
60 (3) Forward the order to the Missouri state highway patr ol so that the Missouri
61 state highway patrol can update the res pondent's record in the National Instant
62 Criminal Backgro und Check System (NICS). Upon receivi ng an order under this
63 subsection, the Missouri state highway patrol shall notify the Federal Bur eau of
64 Investigation within twenty-four hours.
65 5. A verified petition seeking orders for maintenance, support, custody , visitation,
66 payment of rent, payment of monetary compensation, possession of personal property ,
67 prohibiting the transfer , encumbrance, or disposal of property , or payment for services of a
68 shelter for victims of domestic violence, shall contain allegations relating to those orders and
69 shall pray for the orders desired.
70 [ 5. ] 6. In making an award of custody , the court shall consider all relevant factors
71 including the presumption that the best interests of the child will be served by placing the
72 child in the custody and care of the nonabusive parent, unless there is evidence that both
73 parents have engaged in abusive behavior , in which case the court shall not consider this
74 presumption but may appoint a guardian ad litem or a court-appointed special advocate to
75 represent the children in accordance with chapter 452 and shall consider all other factors in
76 accordance with chapter 452.
77 [ 6. ] 7. The court shall grant to the noncustodial parent rights to visitation with any
78 minor child born to or adopted by the parties, unless the court finds, after hearing, that
79 visitation would endanger the child's physical health, impair the child's emotional
80 development or would otherwise conflict with the best interests of the child, or that no
81 visitation can be arranged which would suff iciently protect the custodial parent from further
82 domestic violence. The court may appoint a guardian ad litem or court-appointed special
83 advocate to represent the minor child in accordance with chapter 452 whenever the custodial
84 parent alleges that visitation with the noncustodial parent will damage the minor child.
85 [ 7. ] 8. The court shall make an order requiring the noncustodial party to pay an
86 amount reasonable and necessary for the support of any child to whom the party owes a duty
87 of support when no prior order of support is outstanding and after all relevant factors have
88 been considered, in accordance with Missouri supreme court rule 88.01 and chapter 452.
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89 [ 8. ] 9. The court may grant a maintenance order to a party for a period of time, not to
90 exceed one hundred eighty days. Any maintenance ordered by the court shall be in
91 accordance with chapter 452.
92 [ 9. ] 10. (1) The court may , in order to ensure that a petitioner can maintain an
93 existing wireless telephone number or numbers, issue an order , after notice and an
94 opportunity to be heard, directing a wireless service provider to transfer the billing
95 responsibility for and rights to the wireless telephone number or numbers to the petitioner , if
96 the petitioner is not the wireless service accountholder .
97 (2) (a) The order transferring billing responsibility for and rights to the wireless
98 telephone number or numbers to the petitioner shall list the name and billing telephone
99 number of the accountholder , the name and contact information of the person to whom the
100 telephone number or numbers will be transferred, and each telephone number to be
101 transferred to that person. The court shall ensure that the contact information of the petitioner
102 is not provided to the accountholder in proceedings held under this chapter .
103 (b) Upon issuance, a copy of the full order of protection shall be transmitted, either
104 electronically or by certified mail, to the wireless service provider's registered agent listed
105 with the secretary of state, or electronically to the email address provided by the wireless
106 service provider . Such transmittal shall constitute adequate notice for the wireless service
107 provider acting under this section and section 455.523.
108 (c) If the wireless service provider cannot operationally or technically effectuat e the
109 order due to certain circumstances, the wireless service provider shall notify the petitioner
110 within three business days. Such circumstances shall include, but not be limited to, the
111 following:
112 a. The accountholder has already terminated the account;
113 b. The dif ferences in network technology prevent the functionality of a device on the
114 network; or
115 c. There are geographic or other limitations on network or service availability .
116 (3) (a) Upon transfer of billing responsibility for and rights to a wireless telephone
117 number or numbers to the petitioner under this subsection by a wireless service provider , the
118 petitioner shall assume all financial responsibility for the transferred wireless telephone
119 number or numbers, monthly service costs, and costs for any mobile device associated with
120 the wireless telephone number or numbers.
121 (b) This section shall not preclude a wireless service provider from applying any
122 routine and customary requirements for account establishment to the petitioner as part of this
123 transfer of billing responsibility for a wireless telephone number or numbers and any devices
124 attached to that number or numbers including, but not limited to, identification, financial
125 information, and customer preferences.
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126 (4) This section shall not af fect the ability of the court to apportion the assets and
127 debts of the parties as provided for in law , or the ability to determine the temporary use,
128 possession, and control of personal property .
129 (5) No cause of action shall lie against any wireless service provider , its of ficers,
130 employees, or agents, for actions taken in accordance with the terms of a court order issued
131 under this section.
132 (6) As used in this section and section 455.523, a "wireless service provider" means a
133 provider of commercial mobile service under Section 332(d) of the federal
1 3 4 [ T elecommunications ] Communications Act of [ 1996 ] 1934 (47 U.S.C. Section [ 151, et
135 seq. ] 332 ).
455.096 . 1. This section shall be known and may be cited as "Hailey's Law".
2 2. In addition to any other jurisdictional gr ounds pro vided by law , a court shall
3 have jurisdiction to enter an extr eme risk order of pr otection res training or enjoining a
4 r espondent fr om possessing any fir earms.
5 3. (1) Upon the filing of a verified petition by a law enforcem ent officer or
6 agency under this section, and for good cause shown in the petition, the court may
7 immediately issue an ex parte order of protecti on. An immediate and pr esent danger of
8 the r espondent causing personal injury to himself or herself or others shall constitute
9 good cause shown for purposes of this section. An ex parte order of pr otection enter ed
10 by the court shall take effect when enter ed and shall r emain in effect until ther e is valid
11 service of pro cess and a hearing is held on the motion within fifteen days of the filing of
12 the petition.
13 (2) Failur e to serve an ex parte order of pr otection on the r espondent shall not
14 affect the validity or enforceab ility of such order . If the r espondent is under eighteen
15 years of age, unless otherwise emancipated, service of pr ocess shall be made upon a
16 custodial pare nt or guardian of the r espondent, or upon a guardian ad litem appointed
17 by the court, req uiring that the person appear and bring the r espondent befor e the
18 court at the time and place stated.
19 (3) If an ex parte order is enter ed and the res pondent is under eighteen years of
20 age, the court shall transfer the case to juvenile court for a hearing on a full order of
21 pr otection. The court shall appoint a guardian ad litem for any such r espondent not
22 r epresent ed by a par ent or guardian.
23 (4) The law enforce ment officer or agency shall be r esponsible for pr oviding
24 notice to a family or household member of the r espondent and to any known third party
25 who may be at risk of violence. The notice shall state that the law enforcem ent officer or
26 agency intends to petition the court for an extr eme risk order of pr otection or has
27 alr eady done so, and include ref errals to appr opriate res our ces, including mental health,
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28 domestic violence, and counseling r esources . The law enforcem ent officer or agency
29 shall attest in the petition to having provi ded such notice, or attest to the steps that shall
30 be taken to pr ovide such notice.
31 4. Upon issuance of any ex parte order of protecti on under subsection 3 of this
32 section, the court shall order the res pondent to surrend er to the local law enforcem ent
33 agency wher e the res pondent r esides all fir earms in the responde nt's custody , contro l, or
34 possession. The law enfor cement officer serving any ex parte order of pr otection shall
35 pr ovide the r espondent to the order an opportunity to comply with the order by
36 surr endering all fir earms in his or her custody , control , or possession. If the res pondent
37 does not comply , the law enfor cement officer serving the order shall conduct a lawful
38 sear ch and seizure of any fir earms of the res pondent and in any area wher e pr obable
39 cause exists that a fir earm to be surrender ed under the order is located. The law
40 enfor cement agency shall hold all surrend ered fir earms until a hearing is held on the
41 petition for the extr eme risk order of pr otection. Such fir earms shall not be held for
42 mor e than one hundred twenty days unless the court issues a full extr eme risk order of
43 pr otection as prov ided in this section.
44 5. Not later than fifteen days after the filing of a verified petition that meets the
45 r equir ements of this section, a hearing shall be held unless the court deems, for good
46 cause shown, that a continuance should be granted. At the hearing, if the law
47 enfor cement officer or agency has pr oved the allegation that the r espondent poses a
48 significant danger to himself or herself or others by clear and convincing evidence, the
49 court shall issue a full extr eme risk order of protect ion for a period of one year .
50 6. (1) Upon issuance of any full extr eme risk order of protect ion under
51 subsection 5 of this section, the court shall order the res pondent to surr ender to the local
52 law enforcem ent agency wher e the res pondent res ides all fir earms in the r espondent's
53 custody , control, or possession. If the r espondent has been identified in the petition as
54 being re quir ed to carry a fir earm as a condition of the res pondent's employment, the
55 court shall notify the res pondent's employer of the existence of the order . If the
56 r espondent holds a concealed carry permit under section 571.101 or 571.205, the court
57 shall order a rev ocation of the concealed carry permit.
58 (2) The law enfor cement officer serving any extr eme risk order of protecti on
59 shall pr ovide the res pondent to the order an opportunity to comply with the order by
60 surr endering all fir earms in his or her custody , control , or possession. If the res pondent
61 does not comply , the law enforcem ent officer serving the order shall:
62 (a) Conduct a lawful sear ch of the res pondent and any ar ea wher e pr obable
63 cause exists that a fir earm to be surrende red under the order is located; and
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64 (b) T ake possession of all fir earms belonging to the r espondent that are
65 surr ender ed in plain sight or discover ed under a lawful sear ch conducted under
66 paragraph (a) of this subdivision.
67 (3) If personal service by a law enforcem ent officer is not possible or not
68 r equir ed because the r espondent was present at the extr eme risk order of protecti on
69 hearing, the r espondent shall surr ender the fir earms in a safe manner to the control of
70 the local law enforcem ent agency within forty-eight hours of being served with the order
71 by alternate service or within forty-eight hours of the hearing or final decision at which
72 the res pondent was pr esent.
73 (4) At the time of surren der , a law enfor cement officer taking possession of a
74 fir earm shall issue a receip t identifying all fir earms that have been surren dered and
75 pr ovide a copy of the receipt to the res pondent. Within seventy-two hours after service
76 of the order , the officer serving the order shall file the original receip t with the court and
77 shall ensur e that his or her law enfor cement agency ret ains a copy of the receip t.
78 (5) Upon the sworn statement or testimony of any law enforcem ent officer
79 alleging that the r espondent has failed to comply with the surrend er of fir earms as
80 r equir ed by an order issued under this subsection and subsection 4 of this section, the
81 court shall determine whether pr obable cause exists to believe that the res pondent has
82 failed to surrende r all fir earms in his or her possession, custody , or contr ol. If pr obable
83 cause exists, the court shall issue a warrant describing the fir earms and authorizing a
84 sear ch of the locations where the fir earms are r easonably believed to be and the seizur e
85 of any fir earms discover ed pursuant to such sear ch.
86 (6) If a person other than the r espondent claims title to any fir earms
87 surr ender ed under this subsection and subsection 4 of this section and he or she is
88 determined by the law enforcem ent agency to be the lawful owner of the fir earm, the
89 fir earm shall be retu rned to him or her , pro vided that:
90 (a) The fir earm is r emoved fr om the res pondent's custody , control , or possession
91 and the lawful owner agrees to stor e the fir earm in a manner such that the res pondent
92 does not have access to or control of the fir earm; and
93 (b) The fir earm is not otherwise unlawfully possessed by the owner .
94 (7) A responde nt to an extr eme risk order of pro tection may file a motion to
95 modify or r escind that order of protecti on. The res pondent may r equest a hearing on
96 such a motion with the court that issued the original extr eme risk order of pr otection.
97 The court shall conduct a hearing on the motion to modify or res cind an extr eme risk
98 order of pr otection within fifteen days after the motion is filed. At the hearing, if the
99 r espondent has pr oved by clear and convincing evidence that the extr eme risk order of
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100 pr otection should be modified or resc inded, the court shall modify or r escind the
101 extr eme risk order of protect ion.
102 7. If an extr eme risk order of protecti on is terminated or expir es without
103 r enewal, a law enforcem ent agency holding any fir earm that has been surrender ed
104 under subsections 4 and 6 of this section shall re turn any surren dered fir earm reque sted
105 by a r espondent only after confirming thr ough a backgr ound check administered by the
106 Missouri state highway patrol under section 43.543 that the res pondent is curr ently
107 eligible to own or possess fir earms under federal and state law and after confirming
108 with the court that the extr eme risk order of protect ion has terminated or has expir ed
109 without ren ewal.
110 8. (1) The law enforcem ent officer or agency may r enew the extr eme risk order
111 of protect ion if pr obable cause is shown that the res pondent continues to pose a
112 significant risk of personal injury to himself or herself or others by possessing a fir earm.
113 The extr eme risk order of pr otection may be renewed for up to one year fro m the
114 expiration of the pre ceding extr eme risk order of pr otection. Wr itten notice of a
115 hearing on the motion to rene w an extr eme risk order of pr otection shall be given to the
116 r espondent by the court.
117 (2) A law enforcem ent agency shall, if requ ested, pro vide prior notice of the
118 r eturn of a fir earm to a r espondent or to family or household members of the
119 r espondent.
120 (3) Any fir earm surren dered by a re spondent under subsections 4 and 6 of this
121 section that r emains unclaimed by the lawful owner shall be disposed of in accordance
122 with the law enforcem ent agency's policies and proce dures for the disposal of fir earms
123 in police custody .
124 9. The clerk of any court that issues an extr eme risk order of pr otection shall
125 send the Missouri state highway patr ol a copy of the order issued by that court within
126 forty-eight hours of the court issuing the order . Upon rece iving an extr eme risk order of
127 pr otection, the Missouri state highway patrol shall enter the extr eme risk order of
128 pr otection into the Missouri uniform law enforcem ent system (MULES) within forty-
129 eight hours of rec eiving notice of the order .
130 10. A violation of the terms and conditions of an ex parte order of protecti on
131 under this section of which the res pondent has notice shall be a class A misdemeanor
132 unless the res pondent has pr eviously pled guilty to or has been found guilty in any
133 division of the cir cuit court of violating an ex parte order of protecti on or a full order of
134 pr otection within five years of the date of the subsequent violation, in which case the
135 subsequent violation shall be a class E felony . Evidence of prior pleas of guilty or
136 findings of guilt shall be heard by the court out of the pr esence of the jury prior to
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137 submission of the case to the jury . If the court finds the existence of such prior pleas of
138 guilty or findings of guilt beyond a r easonable doubt, the court shall decide the extent or
139 duration of sentence or other disposition and shall not instruct the jury as to the range
140 of punishment or allow the jury to assess and declar e the punishment as a part of its
141 verdict.
142 1 1. A violation of the terms and conditions of a full order of protecti on under this
143 section shall be a class A misdemeanor unless the r espondent has pr eviously pled guilty
144 to or has been found guilty in any division of the circui t court of violating an ex parte
145 order of pr otection or a full order of protect ion within five years of the date of the
146 subsequent violation, in which case the subsequent violation shall be a class E felony .
147 Evidence of prior pleas of guilty or findings of guilt shall be heard by the court out of the
148 pr esence of the jury prior to submission of the case to the jury . If the court finds the
149 existence of such prior pleas of guilty or findings of guilt beyond a r easonable doubt, the
150 court shall decide the extent or duration of the sentence or other disposition and shall
151 not instruct the jury as to the range of punishment or allow the jury to assess and
152 declar e the punishment as a part of its verdict. For the purposes of this subsection, in
153 addition to the notice pr ovided by actual service of the order , a party is deemed to have
154 notice of an order of protect ion if:
155 (1) The law enforcem ent officer res ponding to a call of a reported violation of an
156 order of pro tection present ed a copy of the order of pr otection to the res pondent; or
157 (2) Notice is given by actual communication to the res pondent in a manner
158 r easonably likely to advise the re spondent.
455.523. 1. Any full order of protection granted under sections 455.500 to 455.538
2 shall be to protect the victim from domestic violence, including danger to the child's pet,
3 stalking, and sexual assault may include such terms as the court reasonably deems necessary
4 to ensure the petitioner's safety , including but not limited to:
5 (1) T emporarily enjoining the respondent from committing domestic violence or
6 sexual assault, threatening to commit domestic violence or sexual assault, stalking, molesting,
7 or disturbing the peace of the victim;
8 (2) T emporarily enjoining the respondent from entering the family home of the
9 victim, except as specifically authorized by the court;
10 (3) T emporarily enjoining the respondent from communicating with the victim in any
11 manner or through any medium, except as specifically authorized by the court.
12 2. If, after a hearing for any full order of pr otection, the court issues an order of
13 pr otection, the court shall also:
14 (1) Pr ohibit the res pondent fro m knowingly possessing or pur chasing any
15 fir earm while the order is in effect;
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16 (2) Inform the res pondent of such pro hibition in writing and, if the res pondent is
17 pr esent, orally; and
18 (3) Forward the order to the Missouri state highway patr ol so that the Missouri
19 state highway patrol can update the res pondent's record in the National Instant
20 Criminal Backgro und Check System (NICS). Upon receivi ng an order under this
21 subsection, the Missouri state highway patrol shall notify the Federal Bur eau of
22 Investigation within twenty-four hours.
23 3. When the court has, after hearing for any full order of protection, issued an order of
24 protection, it may , in addition:
25 (1) A ward custody of any minor child born to or adopted by the parties when the court
26 has jurisdiction over such child and no prior order regarding custody is pending or has been
27 made, and the best interests of the child require such order be issued;
28 (2) A ward visitation;
29 (3) A ward child support in accordance with supreme court rule 88.01 and chapter
30 452;
31 (4) A ward maintenance to petitioner when petitioner and respondent are lawfully
32 married in accordance with chapter 452;
33 (5) Order respondent to make or to continue to make rent or mortgage payments on a
34 residence occupied by the victim if the respondent is found to have a duty to support the
35 victim or other dependent household members;
36 (6) Order the respondent to participate in a court-approved counseling program
37 designed to help stop violent behavior or to treat substance abuse;
38 (7) Order the respondent to pay , to the extent that he or she is able, the costs of his or
39 her treatment, together with the treatment costs incurred by the victim;
40 (8) Order the respondent to pay a reasonable fee for housing and other services that
41 have been provided or that are being provided to the victim by a shelter for victims of
42 domestic violence;
43 (9) Order a wireless service provider , in accordance with the process, provisions, and
44 requirements set out in subdivisions (1) to (6) of subsection [ 9 ] 10 of section 455.050, to
45 transfer the billing responsibility for and rights to the wireless telephone number or numbers
46 of any minor children in the petitioner's care to the petitioner , if the petitioner is not the
47 wireless service accountholder;
48 (10) A ward possession and care of any pet, along with any moneys necessary to cover
49 medical costs that may have resulted from abuse of the pet.
565.076. 1. A person commits the offense of domestic assault in the fourth degree if
2 the act involves a domestic victim, as the term "domestic victim" is defined under section
3 565.002, and:
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4 (1) The person attempts to cause or recklessly causes physical injury , physical pain,
5 or illness to such domestic victim;
6 (2) W ith criminal negligence the person causes physical injury to such domestic
7 victim by means of a deadly weapon or dangerous instrument;
8 (3) The person purposely places such domestic victim in apprehension of immediate
9 physical injury by any means;
10 (4) The person recklessly engages in conduct which creates a substantial risk of death
11 or serious physical injury to such domestic victim;
12 (5) The person knowingly causes physical contact with such domestic victim
13 knowing he or she will regard the contact as of fensive; or
14 (6) The person knowingly attempts to cause or causes the isolation of such domestic
15 victim by unreasonably and substantially restricting or limiting his or her access to other
16 persons, telecommunication devices or transportation for the purpose of isolation.
17 2. The of fense of domestic assault in the fourth degree is a class A misdemeanor ,
18 unless the person has previously been found guilty of the of fense of domestic assault, of any
19 assault offense under this chapter , or of any of fense against a domestic victim committed in
20 violation of any county or municipal ordinance in any state, any state law , any federal law , or
21 any military law which if committed in this state two or more times would be a violation of
22 this section, in which case it is a class E felony . The of fenses described in this subsection
23 may be against the same domestic victim or against dif ferent domestic victims.
24 3. Upon a person's conviction for the offense of domestic assault in the fourth
25 degr ee, the court shall forward the r ecord of conviction to the Missouri state highway
26 patr ol so that the Missouri state highway patrol can update the offender's r ecord in the
27 National Instant Criminal Backgr ound Check System (NICS). Upon rece iving a reco rd
28 under this subsection, the Missouri state highway patrol shall notify the Federal Bure au
29 of Investigation within twenty-four hours.
565.227. 1. A person commits the of fense of stalking in the second degree if he or
2 she purposely , through his or her course of conduct, disturbs, or follows with the intent to
3 disturb another person.
4 2. This section shall not apply to activities of federal, state, county , or municipal law
5 enforcement of ficers conducting investigations of any violation of federal, state, county , or
6 municipal law .
7 3. Any law enforcement of ficer may arrest, without a warrant, any person he or she
8 has probable cause to believe has violated the provisions of this section.
9 4. The of fense of stalking in the second degree is a class A misdemeanor , unless the
10 defendant has previously been found guilty of a violation of this section or section 565.225, or
11 of any of fense committed in another jurisdiction which, if committed in this state, would be
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12 char geable or indictable as a violation of any of fense listed in this section or section 565.225,
13 or unless the victim is intentionally tar geted as a law enforcement of ficer , as defined in
14 section 556.061, or the victim is tar geted because he or she is a relative within the second
15 degree of consanguinity or affinit y to a law enforcement of ficer , in which case stalking in the
16 second degree is a class E felony .
17 5. Upon a person's conviction for the offense of stalking in the second degr ee, the
18 court shall forward the record of conviction to the Missouri state highway patr ol so that
19 the Missouri state highway patro l can update the offender's r ecord in the National
20 Instant Criminal Backgr ound Check System (NICS). Upon rece iving a r ecord under
21 this subsection, the Missouri state highway patrol shall notify the Federal Bureau of
22 Investigation within twenty-four hours.
571.070. 1. A person commits the of fense of unlawful possession of a firearm if such
2 person knowingly has any firearm in his or her possession and:
3 (1) Such person has been convicted of a felony under the laws of this state, or of a
4 crime under the laws of any state or of the United States which, if committed within this state,
5 would be a felony; [ or ]
6 (2) Such person is a fugitive from justice, is habitually in an intoxicated or drugged
7 condition, or is currently adjudged mentally incompetent ;
8 (3) Such person has been convicted of a misdemeanor offense of domestic
9 violence under the laws of this state, or of a crime under the laws of any state or of the
10 United States that if committed in this state would be a misdemeanor offense of domestic
11 violence; or
12 (4) Such person is subject to an order of pr otection granted under sections
13 455.010 to 455.095 or sections 455.500 to 455.538 that was issued after a hearing of
14 which the person had actual notice and at which the person had an opportunity to
15 participate or such person is subject to an equivalent order issued under the laws of
16 another state or the United States .
17 2. Unlawful possession of a firearm is a class C felony , unless a person has been
18 convicted of a dangerous felony as defined in section 556.061, or the person has a prior
19 conviction for unlawful possession of a firearm in which case it is a class B felony .
20 3. The provisions of [ subdivision ] subdivisions (1) and (3) of subsection 1 of this
21 section shall not apply to the possession of an antique firearm.
22 4. As used in this section, the following terms mean:
23 (1) "Family" or "household member", the same meaning given to the terms in
24 section 455.010;
25 (2) "Misdemeanor offense of domestic violence":
26 (a) Domestic assault in the fourth degr ee under section 565.076;
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27 (b) Stalking in the second degr ee under section 565.227; or
28 (c) Any misdemeanor offense committed by a family or household member of
29 the victim that involves the use or attempted use of physical for ce or the thr eatened use
30 of a deadly weapon.
✔
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